On The Investigative Supervision

Although the power of investigation has great significance during the criminal procedure, it also has the character of expansion and perish ability of the ordinary power , and is much possible to infringe the legal rights and interests of citizens .The operation of the police in a society to a great extent ,represents the degree of this society governed by law. The initiation of government by law requires there straits on the power of custody, especially the irrationality of operating the power of custody make it more necessary to perfect the restricting system of the power of custody in our country.It is the executive power that legislates to have the nature of investigating power clearly. Pass the comparative executive power and judicial power ,define the power of investigation as the executive power .Take a broad view of every main west country governed by law, have all reflected in the whole structure of criminal suit"Regard judicial referee as the centre"idea. Emphasize judge's involvement of procedure of investigation, restrict the right of investigation with the judicial power, prevent the deviation and fault that may appear in the operation course, and pass the restriction of power of the right, strengthened and prosecuted the square strength of defending and carried on benign, effective restriction on the right of investigation.Presently, our country public organ investigation supervision mechanism is one kind of supervising primarily, the public security organ interior supervision take the procuratiorial agency as the auxiliary investigation power control pattern. This supervision pattern, apparent reasonably, actually has the enormous flaws: First, the examination supervisory power to investigates the power exterior restriction to have biased, its neutrality is insufficient, the restriction feels weak; Next, lacks a neutrality referee; Third, defender's means is limited to investigation power exterior restriction , the function is extremely small and weak; Fourth, the suspect lacks the valid relief channel when its legitimate rights and interests are damaged.This paper puts forward some concrete ideas in perfecting the public security organ investigation supervision mechanism of our country. Firstly, set up the judicial censorship that takes court as judgment organization. Secondly, establish procurator work and guide the supervision mechanism investigated. Third, strengthen the social supervision of investigating the behavior to the public security organ. Fourth, perfect the inside supervision mechanism to behavior of investigating of public security organ further. We believe, only thus, would the rule of law be not far away.